FHSAA-ACD Dispute Continues; Organization Says School Must Forfeit Win Because of an Ineligible Player

FHSAA-ACD Dispute Continues; Organization Says School Must Forfeit Win Because of an Ineligible Player

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Byline: JEFF ELLIOTT

Arlington Country Day's boys basketball program and the governing body of the FHSAA are at odds again, with the FHSAA informing the school earlier this week that it must forfeit its win over Providence several weeks ago due to an ineligible player who played for the Apaches in that game.

The dispute involves the eligibility of David Swan, who transferred to ACD at the start of the school year in August. The FHSAA ruled that Swan is ineligible because he transferred from Fernandina Beach to ACD during the school year and did not have the proper signed transfer approval from FBHS officials.

Lawyer Mark Usdin, who is representing Swan and his parents, Steven and Paula Swan, said that David Swan never attended Fernandina Beach this year, that he was inadvertently sent to three classes on the fourth day of school at Fernandina Beach while he was waiting for a copy of his transcript to take to ACD.

"A teacher thought David was supposed to be in school, but he never enrolled there this year," Usdin said. "As a result, he should not be subject to any of the transfer rules. The principal at Fernandina Beach acknowledges that a mistake was made and has sent a letter to the FHSAA stating this.

"We feel David should be allowed to compete with the ACD basketball team immediately, which is why we filed a petition in circuit court on Wednesday. We are asking for a temporary injunction, which would allow him to compete with the team this weekend."

The Apaches departed for Hawaii on Thursday where they will compete in a national tournament over the next eight days against some of the top teams in the nation, including USA Today's No. 1-ranked team, Montrose Christian (Rockville, Md.). Swan made the trip with the team.

The forfeiture penalty resulted after ACD allowed Swan to play, even after the FHSAA said it had faxed the school a copy of a special appeals hearing of their board of directors, where it voted to uphold Swan's ineligibility because of a violation of the transfer rule. …